Court : Kerala
Reported in : 2006CriLJ1922; 2006(1)KLT552
..... other hand, the state would contend that the judgment rendered in the case of the co-accused is relevant within the meaning of sections 40 to 43 of the evidence act and at any rate, it is only a rule of evidence and hence even if the co-accused were acquitted is not a ground to bar the trial in the ..... 's case : 2004(2)klt1039 is as follows:it is up to the judge who hears the petition under section 482 cr.p.c, to examine the facts situation of each case, with reference to the overt acts attributed and such other relevant factors and to come to a conclusion whether the discretion vested in this court under section 482 cr.p.c. ..... contended that the judgment in the case of a co-accused is not judgment relevant within the meaning of sections 41 to 43 of the evidence act and the fact that certain accused were acquitted by itself is no bar for a trial in the case of the petitioners. ..... bhajan lal : 1992crilj527 , in a case relating to a complaint alleging commission of offence under section 5(1) of the prevention of corruption act, it was held by the apex court that the investigation cannot be quashed on the basis of denial of statement of party against ..... (vii) the judgment of acquittal of a co-accused in a criminal trial is not admissible under sections 40 to 43 of the evidence act to bar the subsequent trial of the absconding co-accused and cannot hence be reckoned as a relevant document while considering the prayer to ..... 1948 madras 388 reference was made to section 35 of the evidence .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker286
..... and, in any case, the property for which a plaintiff sues in a suit for possession is the property as it is on the date of the suit, and, if the defendant subsequently diminishes its value by acts of waste, we think it should be possible for the court in case it decrees the suit, to compel the defendant to make good the difference so that the plaintiff gets, at least in value what he is entitled to ..... get back possession from any person, (except the true owner), who dispossesses him, if he brings a suit within the 12 years limited by law -- if he brings it within six months under section 9 of the specific relief act he can recover possession even from the true owner. ..... i some time after 10-3-1948, five years after the institution of the suit, it is said that, at least from the time of the grant, the 1st defendant was in possession on behalf of the true owner (whose title had not been ..... have been logical, perhaps even desirable, to hold that sections 9 & 54 of the specific relief act and section 145 of the cri. ..... 11 of the court fees act, 1870 makes the position even ..... vi dated 10-3-1948, a letter addressed by the government to the president of the 1st defendant society states that government were pleased to sanction a lease of the entire area of 256.13 acres in the occupation of the 1st defendant without any ..... could have recovered possession only by a suit brought within six months under section 32 of the travancore limitation act (corresponding to section 9 of the specific relief act). .....
Tag this Judgment!Court : Kerala
Reported in : 2009(16)KLJ861
..... -after all the deprivation of liability is not for an act already committed but on the basis of anticipations and suspicions of possible future culpable conduct. ..... section shall require any authority to disclose to the detained person any fact, the disclosure of which will reveal the identity of any confidential source or the disclosure of which will be against the interests of internal security or national security.16. ..... section shall require any authority to disclose to the detained person any fact, the disclosure of which will reveal the identity of any confidential source or the disclosure of which will be against the interests of internal security or national security. ..... the learned counsel contends that this has to be read along with the other ground raised that there is no nexus between the last of the prejudicial acts referred to in ext.p3 and the order of detention. ..... ii) there is no live link between the alleged acts of the detenu (the last of which was on 20/5/2008) and the order of detention dated 04/04/2009. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker34
..... corporation of calcutta, air 1948 cal 8, b. k. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker128
..... engineering co's case air 1953 mad 764 (fb)before whom the several aspects to which we have referred, were not argued, nor were they otherwise considered -- and held that for the purposes of the stamp act, the crucial time for determining whether an instrument chargeable with duty is duly stamped or not, is before or at the time of execution, and that apart from its execution, no other formalities under any ..... (iii) an agreement or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for immovable property; the definition of lease in the act, it has to be noted, is not identical to the definition in section 105 of the transfer of property act, where the lease of immovable property is defined as a transfer of a right to enjoy such property made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or ..... petitioner submit-(ed that though a reading of the recitals in the document will attract the definition of lease in the act, since the document has not been registered as contemplated under the registration act, the document is not liable to be impounded on the ground that it has not been properly stamped. ..... bench said that the transfer contemplated by section 2( 17) stamp act is a transfer valid in law and such a valid transfer would not have been effected under the document dated 23-2-1948, which was neither attested nor registered. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker176
..... a7 is the promissory note executed by the 1st defendant in favour of the kamalalayam bank on the 11th may 1948 and ext. ..... a1, a letter of his dated 16-4-1948, and ext. ..... a9 dated 6-9-1948 and ext. ..... a3 dated 30-4-1948 is the agreementexecuted by the 1st defendant in that behalf. ..... a8 is the deed of guarantee executed by defendants 2 to 5 (members of the 1st defendant's tarwad) on 7-6-1948. ..... a2, his statement dated 26-4-1948. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker175; 1961CriLJ816
..... summed up the position as follows :'it is not every offence committed by a public servant that requires sanction for prosecution under section 197(1), criminal procedure code; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained of is directly concerned with his official duties so that, if questioned', it could be claimed to have been done by virtue of the office, then sanction would be necessary; ..... appeared on the face of the roll is true and whether i is true or not is not a matter relevant at the stage of sanction, then the acts with which the accused was charged fell within the scope of his duties and can be justified by him as done by virtue of his office. ..... state of west bengal, air 1954 sc 455 the supreme court followed the decisions of the judicial committee in air 1948 pc 128 and air 1949 pc 117 and rejected the contention that sanction was necessary for initiating proceedings against a public servant on charges of ..... it was further observed:'the result of the foregoing discussion is this: there must be a reasonable connection between the act and the discharge of official duty; the act must bear such relation to the duty that the accused could lay a reasonable, but not a pretended or fanciful claim, that lie did it in the course of the performance ..... the king, air 1948 pc 156 and reaffirmed in ..... the king, air 1948 pc 128 the question arose directly with reference to section 197(1), ..... air 1948 pc .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker314
..... be a tenant, if-- (a) the mortgagee or lessee was holding the land comprised in the mortgage for a continuous period of not less than fifty years immediately preceding the commencement of the kerala land reforms (amendment) act, 1969: or(b) the mortgagee or lessee has constructed a building for his own residence in the land comprised in the mortgage and he was occupying such building for such purpose for a continuous period of not less than ..... to be a tenant if--(a) the mortgagee or lessee was holding the land comprised in the mortgage for a continuous period of not less than 50 years immediately preceding the commencement of the kerala land reforms (amendment) act, 1969 or' i agree with the conclusion of my learned brethren that the document created a debtor and creditor relationship, and therefore, the transaction does not partake to any extent the character of a lease.23. ..... the appellant filed an affidavit in this appeal stating that he was in possession of the properties for a period of more than 50 years immediately preceding the commencement of the amending act and therefore he is a deemed tenant under section 4-a (1) (a) of the act, which runs as follows:'(1) notwithstanding anything to the contrary contained in any law or in anycontract, custom or usage, or in any judgment, decree or order of court a mortgagee with possession of land, other than land principally planted ..... with the validity of certain provisions of the bombay tenancy and agricultural lands act of 1948. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT554
..... in view of our observations and findings, we hold that the appeal proceedings before the statutory tribunal, filed by the company under section 276 of the panchayat raj act, is to be closed as having become infruetuous, and a formal request is to be made by the company in that regard, on the authority of this ..... all decisions are taken by the foreign nationals as regards the manufacturing of soft drinks, establishment of factories, disposal of waste ..... even reference to mandatory function, referred to in the third schedule of the panchayat raj act, namely 'maintenance of traditional drinking water sources' could not have been envisaged as preventing an owner of a well from extracting water therefrom, as he ..... ramakumar points out that the schedule to the panchayat raj act is specific about the mandatory duties of the local body, that by itself will not justify them to engage in a pursuit for which they are ..... claim that they had obtained licence under the factories act and had obtained clearance from the pollution control board. ..... company will have the obligation to appraise the panchayat that they possess licences issued under the factories act and clearance received from the pollution control board. ..... the panchayat claimed that it had reasons to believe that the very establishment of the factory in the country, and especially at plachimada, is violative of various provisions of law regulating the conduct of business by multi-national companies. ..... any say to any one of the indian nationals. .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ1976
..... the report to be sent to the magistrate under sub-section (1) of section 157 requires that in each of the cases where the officer in charge of the police station decides to act under the two clauses of the proviso, he must state in his report his reasons for not fully complying with the requirements of sub-section (1) and, in addition, in cases where he decides not to investigate on ..... are acquainted with jurisprudence and enjoy social privilege as men educated in law owe an obligation to the community of educating it properly and allowing the judicial process to continue unsoiled'.thus it is clear that a person acting bona fide having sufficient interest in the proceeding of public interest litigation has locus standi and can approach the court to seek the remedies. ..... when the security of the nation itself is at stake, the investigating agency should act in a more efficient and vigilant manner, without any ..... relates to a situation which affects the very security of the nation, then the feeling of the citizen will be more intense. ..... affidavit, records relate to matters connected with and having a bearing in the security of the nation as well as friendly relations with various foreign countries. ..... :-'the claim put forward by the learned solicitor general on behalf of the union of india is that these documents are entitled to immunity from disclosure because they belong to a class of documents which it would be against national interest or the interest of the judiciary to disclose. .....
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